1. GENERAL TERMS AND CONDITIONS — PROVISION OF SERVICES
1. Scope
1.1. These general terms and conditions apply to all orders for works and services, hereinafter "the services", placed with RECAP ESTATE MANAGEMENT SRL, established at Avenue Louise 343 - 1050 Brussels, CBE no. 0784.389.609, hereinafter "the Service Provider".
1.2. The application of these general terms and conditions is a decisive condition of the Service Provider's consent. Any order placed implies full acceptance.
1.3. These general terms and conditions may only be departed from with the Service Provider's written agreement. Any departure granted by the Service Provider does not affect the other provisions.
2. Quotation and order
2.1. Our quotations are valid for one month.
2.2. The prices in the quotation only cover the services described in it, to the exclusion of any other work. If additional services are requested, prices will be adjusted.
2.3. The price quotation is based on the information provided by the client. In the event of any change to the requested service, the Service Provider may invoice the full fees provided for
- EITHER: The price quotation sent to the client is an estimate of the price of the requested services (time-and-materials work), without prejudice to the time actually spent.
- OR: The price quotation is the flat fee that will be invoiced to the client for the services stated in the quotation.
3. Price
3.1. All our prices are in euros, excluding VAT.
3.2. Any VAT increase or new tax imposed between the time of the order and the provision of the services shall be borne by the client.
4. Payment
4.1. Invoices are payable in cash or by any other due date stated on them, to the Service Provider's bank account shown on the invoice.
4.2. Any payment more than 15 calendar days late will automatically, and without formal notice, incur a surcharge of 12% per year. In addition, the Service Provider may suspend its guarantee for as long as the client is in default.
4.3. Each reminder sent to a client who has not paid their invoice in full may be charged at €12.50 per letter, without prejudice to any bailiff's costs, which shall also be borne by the client.
4.4. Any complaint about an invoice must be sent no later than eight calendar days after receipt, by email to info@re-capital.be, and confirmed the same day by post to the Service Provider's registered office. If these time limits and formalities are not respected, the client may no longer dispute the invoice.
5. Right of withdrawal
5.1. Any order placed by the client, whether via the Service Provider's website, by email or by telephone, is binding on the client once confirmed. For each order, the client will receive an email acknowledgement confirming that the Service Provider has registered the order.
5.2. In accordance with Article 47 of the Act of 6 April 2010 on market practices and consumer protection, a consumer client who, in the context of their private life, uses the Service Provider's services without a site visit having taken place to prepare the quotation (distance contract) has the right to withdraw their agreement. To exercise this right, the client must do so within 14 days of signature at the latest, by registered letter with acknowledgement of receipt sent to the company's registered office.
6. Cancellation of the order
6.1. Except for the right of withdrawal referred to in point 5.2 or a case of force majeure, cancellation of the order by the client shall not give rise to any refund of sums already paid or to any compensation. 6.2. In the event of cancellation of the order, it is agreed that no compensation may be claimed from the Service Provider.
7. Performance of the services
7.1. The Service Provider undertakes to do its utmost to offer its clients high-quality services.
- EITHER: The Service Provider may have the ordered services carried out by any employee or subcontractor of its choice, under its ordinary legal liability.
- OR: The services the client receives through the Service Provider may be carried out by third-party companies.
7.2. The Service Provider reserves the right to refuse an order from a client who has not paid all or part of a previous order or with whom a payment dispute is ongoing.
8. Guarantees and limitation of liability
8.1. If the client believes they are entitled to dispute the quality of the services provided by the Service Provider, they must do so in writing (email, fax or letter), on pain of forfeiture, as soon as the grievance arises.
8.2. In any event, the Service Provider's liability is limited to the amount of the contract, without prejudice to the client's right to seek judicial termination of the contract in accordance with Article 1184 of the Civil Code.
9. Confidentiality
9.1. The Service Provider undertakes to process personal data in accordance with the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, as amended by the Act of 11 December 1998.
9.2 At any time and without any justification, the client may object to the processing of their personal data by sending a letter to the Service Provider or an email to the company's address.
9.3 If at any time the client considers that the Service Provider is not respecting their privacy, they are asked to send their objection to the company by registered letter with acknowledgement of receipt. The Service Provider will do its utmost to identify and correct the problem.
10. Force majeure
10.1. Neither Party may be held liable for the total or partial non-performance of its obligations if this is due to an unforeseeable event or force majeure, such as, without limitation, flood, fire, storm, shortage of raw materials, transport strikes, partial or total strikes or lock-outs.
10.2. The Party affected by such events must inform the other party.
10.3. The parties agree to consult each other as soon as possible to determine together how the order will be performed for the duration of the force majeure.
11. Intellectual property
11.1. All logos, trademarks, photos and designs on the documents are the property of the Service Provider
11.2. Any partial or complete reproduction of these logos, trademarks, photos and designs, on any medium, for commercial, associative or voluntary purposes, is prohibited without the consent of the Service Provider or of the holders of the trademarks or rights attached to these graphic representations.
12. Disputes
12.1. Any dispute must first be the subject of an attempt at amicable settlement before it may be submitted to the courts.
12.2. Any dispute concerning the validity, interpretation and/or performance of a contract concluded with the Service Provider shall be submitted exclusively to the courts of Brussels.
13. Miscellaneous
13.1. Where, pursuant to a law, a regulation or case law, articles of these terms must be revised, the parties will negotiate to agree on one or more provisions that achieve, as far as possible, the objective of the clause(s) declared void.
13.2. No omission or delay by either party in exercising any right or remedy under this contract or applicable law shall constitute a waiver.
13.3. These general terms and conditions and the provisions of the quotation sent to the client form a single contractual whole and constitute the entire contractual relationship between the parties.
13.4. The contract between the Service Provider and the client is governed by Belgian law. This translation is provided for information only; only the French version is legally binding.